§ 154.419 CONDITIONS.
   (A)   The variance standards are intended to apply to individual recorded lots.
   (B)   An applicant who proposed to vary a specific standard for lots yet to be created through subdivision process may not utilize the Class C variance procedures.
   (C)   A variance shall not be approved which would vary the permitted uses of a land use district.
   (D)   (1)   Class C variances shall be processed using Type III procedures as governed by § 154.379 using the approval criteria in division (D)(2) below. In addition to the application requirements contained in § 154.379, the applicant shall provide a written narrative or letter describing the reasoning for the variance, why it is required, alternatives considered, and compliance with the criteria in § 154.379.
      (2)   The city shall approve, approve with conditions or deny the application for a variance based on a finding that all of the following criteria are satisfied.
         (a)   The proposed variance will not be materially detrimental to the purposes of this chapter, to any other applicable policies and standards and to other properties in the same land use district or vicinity.
         (b)   A hardship to development exists which is peculiar to the lot size or shape, topography, sensitive lands or similar circumstances related to the property over which the applicant has no control and which are not applicable to other properties in the vicinity.
         (c)   The use proposed will be same as permitted under the applicable zoning district and city standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land.
         (d)   Existing physical and natural systems, such as, but not limited to, traffic, drainage, natural resources and parks will not be adversely affected by any more than would occur if the development occurred as specified by city standards.
         (e)   The hardship is not self imposed.
         (f)   The variance requested is the minimum variance, which would alleviate the hardship
(Ord. 225, passed 10-20-1994, § 22.5)